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The employer's duties and rights

As with the employee, the employer must take all reasonable steps to make it possible for the employee to carry out his or her part of the agreement and must not deprive the employee of the opportunity to perform the work.

The law increasingly has been suggesting that an employer does not have the right to simply have someone sitting around so long as the employer pays him or her. In other words, there may also be an obligation to give an employee something meaningful to do. This is still a developing area of law and if an employer has no work to provide it may lead to the employee's retrenchment.

Under the national system employers have a duty to keep employee records and to provide payslips to employees within one working day of paying the employees wages [ss 535-536 Fair Work Act 2009 (Cth)].

Employers also have a duty to pay superannuation to almost all employees, the Australian Tax Office has a guide to assist employers know whether they must pay superannuation. Superannuation is additional to pay and is a minimum payment of 9.5% of gross income.

Employers also have responsibilities to ensure safe work places - see the Hanbook sections on Workplace Bullying and Safety Legislation.

The employer's duties and rights  :  Last Revised: Wed Sep 20th 2017
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.